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International Law and Cyber Attacks: Sony v. North Korea

It could only happen in the movies. A major Hollywood company produces a film starring well-known comedic actors which involves the tongue-in-cheek assassination of the leader…
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International Justice: Week in Review

As we all await the release of the executive summary of the Senate Select Committee on Intelligence’s report on CIA torture, I’d like to offer a brief interlude to consider…
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Security Agreement With Afghanistan Raises Key Questions About How and When War Ends

Today, the United States and Afghanistan signed a long-awaited bilateral security agreement. The U.S. government promised to withdraw combat troops by December, and to leave nearly…
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Having Crossed the Rubicon: Arming and Training Syrian Rebels

Significant public discussion has focused on whether airstrikes against ISIL in Syria violate the international legal prohibition on the use of force. Remarkably what has largely…
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Towards a Global Debate? UN Human Rights Council Takes on Drones

On Monday, the UN Human Rights Council’s (HRC) expert panel on the use of armed drones and international law, expressed clear consensus around the need for greater transparency…
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Australia, France, Netherlands Express Legal Reservations about Airstrikes in Syria [Updated]

In his speech before the United Nations on Wednesday, President Obama stated that “over 40 nations have offered to join this coalition” to dismantle the Islamic State of Iraq…
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Strikes in Syria: The International Law Framework

[Cross-posted at Lawfare] As is now well-known, the United States last night hit approximately 25 targets inside Syria, some of which were directed at ISIL, and some at a group…
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Remarkable statement by UN Secretary General on US Airstrikes in Syria

Were it not for the title of this post, you might never guess that it was the UN Secretary General who said this today:  “I am aware that today’s strikes were not carried…
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Human rights groups petition UN on drone strikes

At the UN Human Rights Council this week, a coalition of human rights groups is calling on all governments to take steps to monitor and promote transparency and legal compliance…
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A Response to Jonathan Horowitz – Why Unwilling or Unable is Measured by a State’s Capacity to Act as Well as its Willingness to do so

Jonathan Horowitz responded to my earlier post and made two points about the “unable or unwilling” standard that I believe merit some clarification. Jonathan begins by agreeing…
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When Institutions Fail: A Thought Experiment

[Editors’ Note: The following post is the second installment of a new feature, “Monday Reflections,” in which a different Just Security editor will take a…
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Does the Unwilling/Unable Test Hang on Territorial Control?: A Response to Michael Lewis

Professor Yoram Dinstein has characterized war as something that would “appear every once in a while, leave death and devastation in its wake, and temporarily pass away to return…
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